CDR: Re: free speech children michigan law
Tim May
tcmay at got.net
Wed Sep 27 23:05:52 PDT 2000
At 9:23 PM -0400 9/27/00, Steven Furlong wrote:
>
> > The point being that civil cases for damages should not be allowed
>> for NONCRIMINAL issues. That is, a "matter of law" should be involved.
>>
>> Example: a bookstore owner sues because another bookstore moved in
>> across the street from him and "hurt his business."
>>
>> There is no violation of any law, so it doesn't even matter whether
>> the original bookstore was "hurt." No lawsuit possible.
>>
>> Example: a woman feels insulted by the language of another.
>>
>> No violation of any law, so no lawsuit possible.
>>
>> I'm shocked that you were blathering on about the woman filing a
>> civil suit for something such as "intentional infliction of emotional
>> distress."
>
>
>So, you're setting yourself up as the sole arbiter of the right? No
>person or group in history has been able to set up a legal or moral code
>which would fit all situations with no need for judgment, so you might
>want to question your capability.
I see that Greg Broiles has already made the main points, that
lawsuits must hinge on a "matter of law." It is not enough that
someone feels aggrieved--there must be some element of criminality
involved. Hence my example of the bookstore owner who feels
"aggrieved" that another bookstores hurt his business: there is no
basis for a lawsuit, and a competent judge will quickly throw the
case out.
>
>Any person should have recourse to systematic (to avoid the word
>"legal") relief if he feels aggrieved.
Many people feel aggrieved, for many and diverse reasons.
Courtrooms are not the answer for about 99% of these cases.
I'm not bothering with the rest of your post.
I don't know if you were, or are, a competent "computer condotterie"
or whatever it is you say you are, but I'd say you ought to stick to
that. You don't have a good intuition for how the law works.
--Tim May
--
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Timothy C. May | Crypto Anarchy: encryption, digital money,
ComSec 3DES: 831-728-0152 | anonymous networks, digital pseudonyms, zero
W.A.S.T.E.: Corralitos, CA | knowledge, reputations, information markets,
"Cyphernomicon" | black markets, collapse of governments.
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